beta
(영문) 수원지방법원 2015.01.19 2014노6796

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is excessively unreasonable.

2. The judgment of the defendant not only has the history of having been punished several times for the same crime, but also committed another crime in this case without being aware of the fact that the defendant was subjected to a suspended sentence due to drinking driving at the Eunpyeong District Court level on December 20, 2013, and without being aware of the fact that he had been subjected to a suspended sentence due to drinking driving. The court below sentenced the maximum sentence by reducing imprisonment for the crime of violating the Road Traffic Act (driving) committed by the defendant, and taking into account other factors such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime in this case, and circumstances before and after the crime, etc., it does not seem that the sentence of the court below is unreasonable even if considering the situation that the defendant is against the defendant, it does not seem that the sentence of the court below is inappropriate.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.